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McGee’s lawsuit, seeking $40.75 million in damages, alleges racial discrimination by Thornton Tomasetti, a New York-based structural engineering firm involved in the project.

Filed under the Civil Rights Act of 1866, the lawsuit accuses Thornton Tomasetti of defamatory and discriminatory actions that led to extreme financial losses for II in One Construction. McGee contends that the firm’s actions have pushed his company to the brink of bankruptcy.

Court records indicate that on January 31, 2025, Thornton Tomasetti and one of its senior structural engineers, Scott A. Schneider, requested an extension to respond to the lawsuit. The deadline for their reply has been extended to March 5, 2025.

The Controversial Memo

At the heart of McGee’s lawsuit is a memorandum written by Thornton Tomasetti about a year ago. The memo, sent to project construction leaders, criticized II in One Construction and its contracting partner, attributing numerous structural issues to their work.

The document included photos of cracked slabs and exposed rebar, alleging that subcontractors caused significant problems requiring costly redesigns and repairs.

Thornton Tomasetti stated that it had spent hundreds of hours addressing these issues and refuted any claims that design flaws were to blame.

Furthermore, the memo accused II in One Construction of being “questionably qualified” and suggested that more experienced subcontractors would not have required the level of oversight provided by the firm.

McGee claims this document was used as justification by the Obama Foundation to withhold payment for additional costs incurred at the site.

Obama Foundation’s Response

The Obama Foundation has distanced itself from the lawsuit, stating that it is not a party to the legal dispute. It has also reassured the public that the lawsuit will not cause further delays, as the majority of concrete work has already been completed.

“If the Foundation believed that any vendor was acting with a racist intent, we would immediately take appropriate action,” said Emily Bittner, Vice President of Communications at the Obama Foundation, in a statement to Fox News Digital.

As legal battles unfold, the future of the Obama Presidential Center remains uncertain.

The combination of soaring costs, construction setbacks, community concerns, and legal challenges threatens to overshadow its intended legacy as a beacon of hope and progress.